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applied for AOS on F1 not on HB1
- Thread starter itsmme123
- Start date
patienceGC
Registered Users (C)
can you actually do that?
This is really new.
This is really new.
F1
what i said was that i didnt get H1B before. i got Labor certificate through an employer which was cleared on April, 2002(my opt starts from Jan,. 2002) I140 was filed June, 2002. and I485 was filed Aug. 2002( i was on opt). EAD of my employment was approved Sept. 2002. NOw i have been on EAD since my opt was expired. I just applied for renwal of EAD. I got the notice of action.
that is my case summary. My question is my case can be more likely to be transfered since i didnt have H1B before applied for green card?
Please advise me. thanks
what i said was that i didnt get H1B before. i got Labor certificate through an employer which was cleared on April, 2002(my opt starts from Jan,. 2002) I140 was filed June, 2002. and I485 was filed Aug. 2002( i was on opt). EAD of my employment was approved Sept. 2002. NOw i have been on EAD since my opt was expired. I just applied for renwal of EAD. I got the notice of action.
that is my case summary. My question is my case can be more likely to be transfered since i didnt have H1B before applied for green card?
Please advise me. thanks
TheRealCanadian
Volunteer Moderator
Re: F1
I don't see why the fact that you were on OPT before would cause your case to be transferred, provided all else looks straightforward.
That being said, there's nothing saying you need to be in H status to file an I-485. My wife was in B-2 status when she filed hers.
Originally posted by itsmme123
that is my case summary. My question is my case can be more likely to be transfered since i didnt have H1B before applied for green card?
I don't see why the fact that you were on OPT before would cause your case to be transferred, provided all else looks straightforward.
That being said, there's nothing saying you need to be in H status to file an I-485. My wife was in B-2 status when she filed hers.
Case looks straight forward. One of my friend, done his phd, has self-sponsered himself(Yes you can do that, that was a surprise for me too, until I heard from one of my close friend) and they called him for a Interview and he got the gc.
But your case is a little bit different. But no need to worry. I don't agree with Jaic statement, how many f1s are not immigrating?
I think you should be ok.
But your case is a little bit different. But no need to worry. I don't agree with Jaic statement, how many f1s are not immigrating?
I think you should be ok.
abhi_01201
Registered Users (C)
Jaic - F1 's do have non immigration intent - but that does not mean that they won't be able to apply as a secondary applicant for employement or family base immigration. They will not be able to be the primary applicant. As far as I know - you will be able to file I-485 as a dependent as long as you are in valid status.
Thanks
Thanks
curiousGeorge
Registered Users (C)
Non-dual intent visas
Non-dual intent means that you cannot file for an F1 once your AOS is pending. My lawyer has done many visa's for TN visa holders which is also a non-dual intent visa. Once you file for the AOS, you also need to file for a EAD and Advance parole, as the Non-dual intent visa is no longer renewable.
That's why it works with B-2 also which is a Non-immigrant intent visa.
You don't need an H1-b to file for AOS, but the advantage is that a H1-b holder can renew thier h1-b while AOS is pending, or if the AOS is denied. If AOS is denied, a person who applied for AOS while on a Non-dual intent visa is immiediately out of status.
I am not a lawyer, I personally know over 10 people who were on Non-dual intent visas and appied for I-485 which were all was eventually approved. Most were TN visas though.
Non-dual intent means that you cannot file for an F1 once your AOS is pending. My lawyer has done many visa's for TN visa holders which is also a non-dual intent visa. Once you file for the AOS, you also need to file for a EAD and Advance parole, as the Non-dual intent visa is no longer renewable.
That's why it works with B-2 also which is a Non-immigrant intent visa.
You don't need an H1-b to file for AOS, but the advantage is that a H1-b holder can renew thier h1-b while AOS is pending, or if the AOS is denied. If AOS is denied, a person who applied for AOS while on a Non-dual intent visa is immiediately out of status.
I am not a lawyer, I personally know over 10 people who were on Non-dual intent visas and appied for I-485 which were all was eventually approved. Most were TN visas though.